Law, disrupted Law, disrupted

John is joined by Christine Lehman, Managing Partner of the Washington, D.C. office of Reichman Jorgensen Lehman & Feldberg LLP and an accomplished trial attorney focusing on patent litigation.  They discuss the $525 million verdict Christine and her team recently won against Amazon Web Services (AWS) for infringing tech company Kove’s patent rights in data-storage technology.  Christine describes how she presented to the jury the journey of the inventor, John Overton, from his troubled youth in Kentucky, to majoring in religion in college, to developing a method to efficiently organize and index all the photographs he took on a yearlong bicycle trip across the country.  He and co-inventor Stephen Bailey ultimately implemented this method in a way that allowed users to search millions of data items quickly and formed the basis for Kove’s patented technology.  Christine also describes the extensive pretrial proceedings that occurred over the six years that the lawsuit against AWS was pending.  John and Christine then discuss the ten-day trial itself, including the defendant’s last-minute decision to abandon its invalidity defense, the judge’s procedure for allowing jurors to submit questions to each witness, and how those questions informed her team about how well the jury understood the technical issues in the case.  Finally, they discuss the different approaches taken by the two sides in presenting their experts and how Christine presented her client’s damages case leading to the $525 million verdict.
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

John is joined by C. Dabney O'Riordan, partner in Quinn Emanuel’s Los Angeles and DC offices and longest-serving leader of the SEC's Asset Management Unit, who left the agency last year.  They discuss the actions an asset manager can take if it identifies a potential issue to minimize its risk of an SEC investigation or enforcement action.  Among the actions they discuss for consideration include stopping the conduct and implementing remedial measures such as updating internal policies and procedures, providing additional training to staff, considering hiring a compliance consultant, and making remedial payments if appropriate.
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

John is joined by Jesse Bernstein, Partner in Quinn Emanuel’s New York Office and Co-Chair of the Securities Litigation Practice.  Jesse explains that the term “securities” applies not only to stocks and bonds, but arguably to any situation where a group of investors place their resources into a common entity where they expect to make profits from the efforts of others.  He describes the sources of securities law, including state blue sky laws, the Securities Act of 1933 (which focuses on initial issuances), the Securities Exchange Act of 1934 (which focuses on intentional misrepresentations in securities transactions and the Private Securities Litigation Reform Act of 1995 (which sought to curb perceived abuses in securities litigation by raising the pleading standards required to establish scienter and creating a safe harbor for forward looking statements).  They discuss the Supreme Court’s recent ruling in Moab Partners v. Macquarie Infrastructure that pure omissions of material fact are not actionable under Rule 10(b)(5) because the rule only covers affirmative misstatements.  Jesse then explains how a Quinn Emanuel team obtained a jury verdict last year in Elon Musk’s favor in a rare securities class action trial on a $12 billion claim based on Mr. Musk’s tweet about taking Tesla private.  He describes the arguments made concerning materiality and loss causation that ultimately led to the victory.  Finally, they discuss upcoming issues in securities law including how the Macquarie decision will impact cases. 


Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

John is joined by Dr. Hamed Merah, Chief Executive Officer of the Saudi Center for Commercial Arbitration (SCCA) and Nasser Alrubayyi, Managing Partner (KSA), Co-Chair Middle East & North Africa Practice .  They discuss commercial arbitration in the Kingdom of Saudi Arabia and the recent impact of the Saudi Center for Commercial Arbitration. Dr. Hamed explains SCCA’s mission to establish a world class center with full case management services where foreign parties will feel comfortable submitting their disputes to a diverse roster of accomplished, impartial independent arbitrators. Although almost half of the SCCA’s caseload is construction related, it also adjudicates cases involving banking, capital markets, intellectual property, media, and the pharmaceutical industry.  They discuss how legislation in the last five years has removed restrictions on Saudi governmental entities submitting disputes to arbitration to the point that arbitration with the SCCA is now the default option in contracts between governmental entities and foreign parties. Nasser explains that parties are increasingly moving from ad hoc stand-alone arbitration procedures to institutional arbitration through the SCCA because the SCCA is the quicker and more cost efficient option. Dr Hamed also describes a recent study concluding that more than 90% of the SCCA’s awards have been upheld when challenged in annulment proceedings.  Finally, they discuss how arbitration with the SCCA is becoming more popular in technical cases, IP cases and construction disputes.


Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

John is joined by Professor Song Sang-Hyun, retired Professor of Law at Seoul National University and former President of the International Criminal Court.  Professor Song explains the origins of the Korean civil justice system which is based upon the German system by way of Japan.  He discusses  how after World War II, American Army officers drafted many of Korea’s statutes and, in the past two decades, American law in fields such as corporate law, shipping and aviation law, antitrust law, securities regulations, intellectual property, and class action lawsuits have increasingly influenced Korean law.  They then discuss Korean pretrial practice which does not involve voluminous document discovery or any depositions and often involves the trial judge also acting as a mediator.  Professor Song explains some of the unique aspects of Korean trial practice including Korea’s recent adoption of juries that render advisory decisions on disputed facts and that cases average less than a year from filing through trial.  They also discuss that the loser must pay the winner’s attorneys’ fees, although, in practice, courts tend to award less than all the fees incurred.  Finally, they discuss some of the emerging issues in Korean law including labor, environmental and privacy law as well as the protection of personal information.


Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

John is joined by Eytan Liraz, the Principal of Eytan Liraz & Co. Law Offices, one of the foremost business litigation firms in Israel.  Eytan explains some of the unique aspects of business litigation in Israel, including that Israel has more lawyers per capita than any other country on earth, that aggressive litigation is a common and accepted business strategy, and that Israel has far more class action lawsuits than other countries, including lawsuits where the complaints are literally copies of class action complaints that have been filed in the U.S.  He also explains the three phases that each lawsuit goes through: (1) the initial phase in which the claimant files a statement of claim raising its main arguments and elements of proof and the defendant files a statement of defense containing its arguments and proof, (2) the pretrial phase in which limited discovery and any preliminary motions take place and all evidence and expert opinions are filed with the court, and (3) the interrogation phase in which the parties are allowed to conduct cross-examinations of the adversary’s witnesses.  Cases are usually decided within one year and four months of the first filing.  Finally, they discuss the impact the events of October 7 have had on litigation in Israel including the number of lawyers who are not available due to military service, the entire court system shutting down for two months and the general effect, now dissipating, of people being unusually reluctant to litigate.


Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi